(HC) Tayson v. Warden of California City Detention Facility et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ALLEN JOSEPH TAYSON,
Petitioners,
v.
WARDEN OF THE CALIFORNIA CITY
DETENTION FACILITY, et al.,
Respondents.
Case No. 1:26-cv-03010-KES-EPG-HC
ORDER DIRECTING RESPONDENT TO
FILE SUPPLEMENTAL BRIEF AND COPY
OF NOTICE TO APPEAR
Petitioner is an immigration detainee proceeding with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241.
On August 20, 2026, the Court ordered Respondents to file a supplemental brief
addressing Petitioner’s argument that he is not subject to § 1226(c) because his conviction under
California Penal Code section 245 does not constitute an aggravated felony and addressing cases
that granted habeas relief where the petitioner was arrested at an adjustment of status interview.
(ECF No. 19.) In lieu of complying with the Court’s August 20, 2026 order, Respondents filed a
motion to dismiss the petition as moot because Petitioner received a bond hearing on August 12,
2026 pursuant to 8 C.F.R. § 1236. (ECF No. 20.)
“Although the parties [appear to] agree that Petitioner is detained pursuant to § 1226(a)
and had an IJ bond hearing on August [12], 2026, that does not resolve the pending claims in this
case,” Garcia De Castillo v. Mullin, No. 1:26-CV-06564-DC-SCR, 2026 WL 2690348, at *2
Case 1:26-cv-03010-KES-EPG Document 21 Filed 10/09/26 Page 1 of 2

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(E.D. Cal. Sept. 14, 2026), because the Court has construed the petition “as also raising a due
process claim regarding Petitioner’s re-detention[.]” (ECF No. 7 at 1.)
This Court has adopted the reasoning of Franco v. Meyer, No. 1:25-cv-01620-DAD-
CKD, 2025 WL 3280782 (E.D. Cal. Nov. 25, 2025), and You, Xiu Qing v. Nielsen, 321 F. Supp.
3d 451 (S.D.N.Y. 2018), and found that arresting a noncitizen at an adjustment of status
interview likely violates the Immigration and Nationality Act. Ngugi v. Lyons, No. 1:25-CV-
01783-KES-EPG (HC), 2026 WL 946905 (E.D. Cal. Apr. 8, 2026), adopting report and
recommendation, 2026 WL 807542 (E.D. Cal. Mar. 24, 2026). Additionally, courts have found
that noncitizens who have lived in the United States for years and were arrested at their
adjustment of status interviews without warning had a protected liberty interest in remaining out
of immigration custody. See Amezquita Diaz v. Albarran, No. 3:25-cv-09837-JSC, 2026 WL
2499439 (N.D. Cal. Aug. 25, 2026); Garcia De Castillo v. Mullin, No. 1:26-CV-06564-DC-SCR,
2026 WL 2690348 (E.D. Cal. Sept. 14, 2026).
The Court finds that supplemental briefing from Respondents addressing whether this
case is distinguishable from the cases set forth above would assist the Court in this matter.
Accordingly, the Court HEREBY ORDERS that within FOURTEEN (14) days of the
date of service of this order, Respondents SHALL FILE: (1) a supplemental brief addressing the
issues set forth above; and (2) a copy of Petitioner’s Notice to Appear and any documentation
regarding Petitioner’s current administrative charges.
IT IS SO ORDERED.
Dated: October 9, 2026 /s/
UNITED STATES MAGISTRATE JUDGE
Case 1:26-cv-03010-KES-EPG Document 21 Filed 10/09/26 Page 2 of 2